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substantial basis exists to believe that Barit received her full salaries for the entire
duration of her original contract, or from July 23, 1999 to July 23, 2001. The NLRC
further opined that to make the agency liable for Barit's alleged unpaid and underpaid
wages on the sole ground that it failed to submit copies of payslips and payrolls is
unfair as the agency appears to have taken all available means to secure the necessary
documents from Barit's employer to dispute her claims. The NLRC stressed that the
labor arbiter should have considered other factors in resolving the case.
The records support the NLRC's appreciation of the merits of Barit's claim. As early as
September 28, 2002, the agency inquired with Barit's employer how she was faring in
Saudi Arabia, in relation particularly to the case brought against her by the Saudi
authorities and to her unpaid salaries. [29] The inquiry was prompted by Barit's
mother's inquiry about her situation in Saudi Arabia. On October 3, 2002, the agency
received an answer from Hameed [30] advising the agency's President, Edward G. Cue,
that Barit had left his residence and was discovered by the Saudi police to be living with
Ambrosio and that Hameed could not intervene as she committed "a crime related to
martial (sic) affair." [31] Hameed also informed Cue that Barit's passport and air ticket,
and the balance of the money due her were handed over to the authorities, pursuant to
the law of Saudi Arabia. Additionally, Hameed intimated that if necessary, the agency
could seek verification from the Philippine Embassy in Saudi Arabia about what he
reported to Cue.
On November 15, 2003, the agency received another letter [32] from Hameed in
response to Cue's overseas call regarding Barit's unpaid salary. Hameed again informed
Cue that "[t]here is no more pending salary with us, all her personal belongings were
turned over to the police as this is the law here in Saudi Arabia." Hameed also told Cue
that Barit finished her two-year contract and she could not have signed another
contract with him if she had not been paid her past salaries.
On November 21, 2004, Hameed again wrote Cue [33] informing the agency official that
as he said in his previous letters, "everything has been paid to her" and that the Saudi
authorities will not release her from jail unless everything is settled, for the Saudi
government is very strict when it comes to unpaid salaries.
In light of this exchange between the agency and Hameed, and the real reason why
Barit left Hameed's employ, we are as convinced as the NLRC that she had been paid
her salaries in full for her first employment contract (which the agency facilitated), from
July 23, 1999 to July 23, 2001.
The argument that absent the payslips or payrolls, the agency failed to present proof of
payment of Barit's claim should be viewed in the context of the realities of domestic
service. The relationship between Hameed and his family, on the one hand, and Barit,
on the other hand, was largely confined within Hameed's household. It was not as
structured as the relationship obtaining in an office or in an industrial plant. There was
very little or no paperwork at all, even on wage payments. As the NLRC opined:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/32168
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